Custody of a child
abhishek
(Querist) 20 May 2014
This query is : Resolved
Hi All
My Query is : i want to put a case for custody of a child in NOIDA City , i already filled case of section 9 in meerut city . Is this a compulsion that case can be filed at the place where section 9 is done.
and what will be the fee for putting this case in noida.
T. Kalaiselvan, Advocate
(Expert) 21 May 2014
Where is the child now, in Meerut or NOIDA ?, you can file the child custody case in the place where the child is presently residing.
V R SHROFF
(Expert) 21 May 2014
yOU HAVE TO FILE CUSTODY CASE WHERE THE CHILD / MINOR ORDINARILY RESIDE. GO THRU sEC 9 OF gUARDIANS & wARDS aCT+ SEC 7 OF fAMILY COURT aCT .
It is not present residence or residence due to compulsion, as mother reside elsewhere , and child had compulsion to reside with mother. IT MUST BE MINOR'S ORDINARY/ NORMAL RESIDENCE..
go thru citations & SC judgement on residence of minor.
Rajendra K Goyal
(Expert) 21 May 2014
File the case at a place where the child is.
abhishek
(Querist) 21 May 2014
What is the difference in sec 7 and sec 26. Some lawyers are suggesting to put sec 26. My need is only to get child my daughter 4 years old on weekend.
Devajyoti Barman
(Expert) 21 May 2014
File case u/s 26.
If you are parent of the child then you do not need any declaration on guardianship.
